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In Civil Injury Compensation Case’s Causal Relation Question Research

Author: HuaShan
Tutor: ZhangZuo
School: Xiamen University
Course: Legal
Keywords: Necessary causality Conditions causal relationship Causal relationship Equivalencies Rule
CLC: D925.1
Type: Master's thesis
Year: 2008
Downloads: 105
Quote: 0
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Abstract

Court dealing with civil damages, the majority of cases to go through the process of analysis identified a causal relationship, the causal relationship is a more complicated and no clear legal provisions, how to correctly judge in the trial practice and the causal relationship between the identified behavior and damage results, so that in the law to the parties concerned in a legally appropriate judicial relief, has a very important significance for the course of justice. Theorists and practitioners not yet have a unified, workable standards, the author of this article on the causal relationship between changes in the civil law of our country in the field of civil trial study, trying to claim for damages, how to judge and define this range causality related issues are discussed, and combined with case, in relation to the case specific analysis to determine and identify the causal relationship between the two, and then learn from the advanced experience of foreign countries, put forward relevant rules, that \foreseeability rule, egg shell rules, alternative rules of the reasons, from the fact that causal relations and legal causal relationship between two levels to build our new causal relationship between mode of judgment, and pointed out that the the legal causal relationship can not determine an absolute standard, usually depending on the facts of the case, logic, social experience for most people, justice, policy and precedent to determine. The identification of the causal relationship in the civil trial is to determine whether to assume the tort liability in this area of ??the law, and our determining whether to bear Tort Liability is mainly at fault identified to determine the identification of the causal relationship on the to the position, but such a determination gradually suited to the use of modern tort law, I wrote the purpose of this paper is to some extent also want to change this situation, only a profound understanding of the importance of the determination of causation, in order to maximize the protection of citizens' personal rights and the protection of fairness and justice. In addition to the preface and conclusion, the paper is divided into three chapters. The first chapter is described on our traditional civil trial causal relationship identification method and status, and proceed from the defects of the necessary causality necessary causality crucial point of the theory is to confuse the causal relationship on the philosophy of causality and legal . Necessary causality theory seemingly comply with materialist dialectics, actually metaphysics. Therefore, it is inevitable causal relations theory is unscientific. Based on the the materialist dialectics basic concept, the development and changes of things both accidental and inevitable, is the unity of chance and necessity, also described conditions causality theory defects, the applicable reasonable to draw causal relationship. The second chapter on the theory of causal relationship described, and pointed out that the causal relationship both de facto judge, also includes a value judgment, so we can determine the level of the causal relationship is divided into the judgment of the facts causal relationship with the judgment of the law of causality, and the current causal relationship theory fairly standard and applicable research and pointed out the defects of the theory of causal relationship. Chapter causal relations judge rules for research, the author attempts to identification of the causal relationship a more complete judgment theory, and learn from the advanced experience of foreign countries, to build a more complete judgment system of our country. In conclusion, the author of the theory of causal relationship last described, and pointed out that in modern causality judgment in theory, only continue to absorb advanced experience in order to better distinguish responsibility, in order to achieve fairness and justice.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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